Seller Terms and Conditions

BY A COUNTRY MILE LTD
TERMS AND CONDITIONS OF SELLER USE
May 2017

TERMS
By using the Site as a Seller, you agree to be bound by these Terms & Conditions

WHAT IS WWW.BY A COUNTRY MILE.COM ?

By A Country Mile is a curated marketplace website which  exists to bring a wide but thoughtfully chosen range of items, services and experiences (the Product) to the attention of an audience who enjoy the country life and all things associated with it.  Our focus is excellent Customer choice and value, relevant innovation, quality, lifestyle-enhancement, together with forging strong trading partnerships with valued Sellers, to benefit British country life for all.  As such, relevant countryside/coastal protection charities will be chosen to benefit from BACM in various events.

  1. SUPPLIER ELIGIBILITY
    1. The Seller’s Business must be registered in the UK, the owner/principal should be permanently resident here, and any due taxes must be paid in the UK.  Whilst we prefer the Product to be made in the UK if possible, if the Product is sourced from or produced abroad, due to the Seller’s business model, this is still eligible, provided that it is not for the purposes of undercutting or replacing similar British-made items, but provides something which (in BACM’s opinion) is not currently available here, and that the Seller his or herself has creative and stocking control over their business, which business in turn benefits the UK.   Provenance of all Products must be clearly stated on the Seller’s page.
    2. Your Product must meet BACM’s Curation Policy guidelines (in the Seller’s Pack)
    3. You agree to comply with all local laws regarding online conduct
    4. You are responsible for all applicable taxes payable as a result of your activity on the Site
    5. You must agree to keep all passwords and other information, gleaned by you as a result of being a Seller, confidential.
  2. FEES AND SERVICES
    1. BACM will list the products agreed with the Seller on the Site and will market the Site and individual products via advertising, SEO, SEM and mailing lists
    2. BACM will pass details of the sales as they occur to the Seller who will fulfil them in line with these Terms and the Seller’s own stated fulfilment terms. BACM will at the same time send a copy of the order confirmation to the Customer
    3. BACM will pass payment at time of order to the Seller (if the Seller confirms that they have an average order cancellation rate of >10%), minus the agreed commission.   For Sellers who declare an average order cancellation rate of over 10%, BACM will pay the Seller on the next working day after receiving confirmation from the Seller that the returns period has passed without the order being cancelled
    4. If the Seller displays an item with a positive stock inventory, and then cannot supply the item due to incorrect information being supplied by them, and the Customer has to be refunded, BACM reserves the right to retain the Commission if payment was made to the Seller by BACM at time of the Customer purchase
    5. BACM and the Seller will agree a commission rate which will include any VAT at the prevailing rate, and will be confidential between both parties.  This commission rate may be reviewed at any time, if viewed necessary and good reason can be supplied, by mutual agreement; if agreement cannot be reached, the Seller may give immediate notice (save for fulfilling any outstanding orders or queries) to leave the Site; equally BACM may give the Seller immediate notice to leave the Site
    6. From time to time, BACM will run Site Promotions and Events.   The Seller may be invited to take part in these, but does not have to participate
    7. BACM provides Customers with a Loyalty Scheme, funded by BACM, for the purposes of encouraging Customer loyalty.  It is not a discount, but a scheme where current purchases can put ‘Yards’ into the Customer’s Country Mile account for future purchases, and the shortfall between the Seller’s stated price and the payment received, when the Yards are redeemed, is funded by BACM.  Customers cannot redeem their Yards in conjunction with any Site offers, and the Yards cannot be transferred, and have no monetary value save for being put against future purchases on the Site
    8. BACM will provide the Seller with a “Find me on By A Country Mile ” artwork badge for use elsewhere to advertise and promote their listing on the Site if they wish; use of this is not compulsory, but is welcomed.  Display of BACM POS at trade stands/outlets/your own website is rewarded with additionally favourable commission rates
    9. As well as public listings, BACM will have a Members Page/List for certain Products which the Seller and BACM agree are better sold on this basis.  Such Products will be agreed on a case by case basis.  In order to qualify for this bespoke service, the Seller must list at least one item available for purchase on the public Site
  3. LISTING ITEMS
    1. BACM will set up the Seller’s page initially with the agreed items.
    2. BACM will in due course give the Seller access to a CMS which is password protected.  The Seller will then stock their page using photographs which meet BACM’s photography policy, and items which will be agreed by BACM and the Seller in advance.
    3. By listing an item on the Site you warrant that you may legally sell the item.  You must accurately describe your item and all terms of sale in your listing. Your listings may only include text descriptions, pictures and other content relevant to the sale of that item, and in the categories agreed between BACM and the supplier
    4. The price of the item on BACM must be at parity with, or lower than (if the Seller wishes), pricing of that item sold by the Seller elsewhere. BACM Customers must not be penalised for buying via BACM by paying more than they could find it elsewhere.  If the Seller holds a sale on their website, they must inform BACM and offer the same discount via BACM, or offer BACM to delist that item temporarily whilst the Supplier’s private sale is on.  This condition does not affect offers you may choose to do at seasonal fairs, provided that the offer is limited to people buying at the actual event
    5. Sellers may not use their own promotional codes on the Site
  4. FULFILLING ITEMS
    1. Upon receipt of an order notification email from BACM, the Seller will be responsible for fulfilling that item according to the Seller’s own delivery terms specified on the Site.  The contract of Sale is between the Customer and the Seller only
    2. Binding Sale: All sales are binding. The Seller is responsible for shipping up to the point of delivery or otherwise completing the transaction as specified unless: (a) the Customer  fails to meet the terms of the seller’s listing (such as payment method), or (b) the seller cannot authenticate the buyer’s identity.
    3. Sellers may not charge excessive shipping fees
    4. BACM will supply the Seller with BACM postcards/leaflets which should be placed by the Seller into the packaging when despatching the Product to the Customer (if the sale has taken place on the Site)
  5. DATA/PRIVACY/CONTENT
    1. As part of a transaction, you will obtain personal information, including email address and shipping information, pertaining to the Customer.    This personal information shall only be used by the Seller for the purposes of fulfilling that transaction.    You are not licensed to add the Customer’s data to your own mailing list or to approach them directly to make additional sales or recommendations, nor to pass their details to any third party. (The exception being if the Customer had previously signed up to your own mailing list, you do not of course have to remove them from your own list).
    2. You agree that BACM has the right to use the images you post on the Site to promote BACM and/or your Products in any external marketing
    3. By posting Content on BACM, it is possible for an outside website or a third party to re-post that Content. You agree to hold BACM harmless for any dispute concerning this use. If you choose to display your own BACM-hosted image (if unique to/prepared for BACM) on another website, the image must provide a link back to its listing page on BACM
  6. BACM’s INTELLECTUAL PROPERTY

    BACM graphics, logos, designs, page headers, button icons, scripts, and service names are trademarks of BACM.  These and all other intellectual property rights may not be used, including without limitation as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.

  7. BREACH

    Without limiting any other remedies, BACM, without notice, and without refunding any fees, may delay or immediately remove Content of a Seller if BACM suspects a Seller has breached this Agreement

  8. YOUR PRIVACY

    BACM will not disclose the Seller’s information to third parties without your explicit consent.

  9. LIABILITY LIMIT

    In no event shall BACM and (as applicable) its officers, directors, or employees be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the site, BACM’S services, or this agreement, including without limitation, lost profits, bodily injury, emotional distress, or any special, incidental or consequential damages.  BACM’s liability and (as applicable) the liability of BACM’s officers, directors, employees, and suppliers, to you or any third parties in any circumstance is limited to the greater of (a) the amount of fees you pay to BACM in the 12 months prior to the action giving rise to liability, or (b) £100.

  10. INDEMNITY

    You agree to indemnify and hold BACM harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of this agreement or the documents it incorporates by reference, or your breach of any law or the rights of a third party.

  11. NO GUARANTEE

    BACM does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside BACM’s control or otherwise.

  12. LEGAL COMPLIANCE AND TAXES

    You shall comply with all applicable domestic and international laws and regulations regarding your use of the Site and any BACM service and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to any sales of Products you make on the Site.

    This Agreement shall in all respects be interpreted and governed by the laws of England and Wales.

Terms & Conditions for Sellers, By A Country Mile Ltd , 10th May 2017